49 Mo. 555 | Mo. | 1872
delivered the opinion of the court.
The plaintiff instituted, in the Coprt of Common Pleas of the city of Hannibal, proceedings under the statute to condemn ' property to be taken for an approach to their bridge across the Mississippi. Part of defendant’s property was embraced in the petition, and it is situated under a high rock bluff, which at that point approaches near the river. The whole property consisted of a brewery, malt-house, horse-power to force the water from the river to the brewery, and other appurtenances. The brewery lies in and against the bluff, while the other buildings are upon other lots across a road called Craig’s alley, and nearer the river. The petition embraced only the lots upon which the malt-house, pump, etc., were situated, and those lots alone were taken. In reporting their appraisements to the court the committee made a special statement in regard to the brewery; in substance, that there is a malt mill-and horse-power upon the lot taken for the use of the brewery; that .the water from the Mississippi is forced under Craig’s alley to the brewery for its use ; that the building of the railroad over the lots will so interfere with them that those appurtenances to the brewery will have to be removed west of Craig’s alley in order to operate the brewery, and recommending that defendants be paid $600 in addition to the price of the lots taken for the injury to the brewery. This amount the court ordered to be paid them.
The defendants’ counsel objected to the report, and offered evidence to show that the malt-house, horse-power, and pump on the lot taken east of Craig’s alley were essential to the brewery, and that it could not be operated without them; that they had
The court refused to hear any evidence upon the subject, but treated the finding of the commissioners as conclusive, and its action in this respect is the principal matter for consideration.
Section 4 of the act concerning appropriations of lands, etc. (Wagn. Stat. 328), provides that “the report of said commissioners may be reviewed by the court in which the proceedings are had, on written exceptions filed by either party in the clerk’s office,” etc., “and the court shall make such order therein as right and justice may require, and may order a new appraisement upon good cause shown,” etc.
The proceedings under this statute are in derogation of the common law and of the general right of every one to have his rights- passed upon by a common-law trial. The provisions of the act should be construed strictly against those who avail themselves of them, and liberally- in favor of those to be affected by